[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4819]


  Federal Register / Vol. 59, No. 42 / Thursday, March 3, 1994 /
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[Federal Register: March 3, 1994]


                                                    VOL. 59, NO. 42

                                            Thursday, March 3, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. FV93-905-4-FIR]

 

Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Relaxation of Gift Fruit Exemption Provisions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule finalizes without change an interim final rule that 
relaxed the handling requirements which permit handlers to increase 
shipments of gift packages of Florida citrus fruit to individuals and 
distributors, under specific conditions. This rule will enable handlers 
to ship greater quantities of gift fruit to meet market needs.

EFFECTIVE DATE: April 4, 1994.

FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331; or William G. Pimental, Southeast Marketing Field Office, USDA/
AMS, P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-
4770.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Agreement and Marketing Order No. 905 (7 CFR part 905) regulating the 
handling of oranges, grapefruit, tangerines, and tangelos grown in 
Florida, hereinafter referred to as the order. This order is effective 
under the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C 601-674), hereinafter referred to as the Act.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary a 
petition stating that the order, any provision of the order, or any 
obligation imposed in connection with the order is not in accordance 
with law and requesting a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After the hearing, the Secretary would rule on the petition. 
The Act provides that the district court of the United States in any 
district in which the handler is an inhabitant, or has his or her 
principal place of business, has jurisdiction in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after the date of the entry of the ruling.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this action on 
small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are about 100 Florida citrus handlers subject to regulation 
under the marketing order covering oranges, grapefruit, tangerines, and 
tangelos grown in Florida, and about 11,000 producers of these citrus 
fruits in Florida. Small agricultural producers have been defined by 
the Small Business Administration (13 CFR 121.601) as those having 
annual receipts of less than $500,000, and small agricultural service 
firms are defined as those whose annual receipts are less than 
$3,500,000. A minority of these handlers and a majority of the 
producers may be classified as small entities.
    The Citrus Administrative Committee (committee) met November 16, 
1993, and unanimously recommended this action. The committee meets 
prior to and during each season to review the rules and regulations 
effective on a continuous basis for citrus fruit regulated under the 
order. Committee meetings are open to the public, and interested 
persons may express their views at these meetings. The Department 
reviews committee recommendations and information, as well as 
information from other sources, and determines whether modification, 
suspension, or termination of the rules and regulations would tend to 
effectuate the declared policy of the Act.
    Section 905.140 (7 CFR 905.140) provides the terms and conditions 
under which handlers can ship fruit in gift packages exempt from 
handling regulations in effect under Secs. 905.52 and 905.53 of the 
order. Certain gift fruit packages are exempted from such regulations, 
since they contain fruit of mixed varieties and non-fruit items, and 
thus, would not meet the grade and size requirements of the handling 
regulations. Prior to the effective date of the interim rule (58 FR 
65538, December 15, 1993), handlers could only ship one or two gift 
packages per day exempt from such regulations, depending on the 
circumstances, to individuals and distributors. The interim final rule 
increased the number of gift packages of fruit which handlers can ship 
under this exemption provision, enabling handlers to ship an unlimited 
number of packages of gift fruit to individuals and distributors, 
provided certain safeguards are met by the handler of the fruit. These 
safeguards specify that each gift package must be individually 
addressed to the person using the fruit, and that gift packages shipped 
to any gift fruit distributor must either be individually addressed or 
marked ``not for resale''.
    The interim final rule was effective on December 9, 1993, and 
published in the Federal Register (58 FR 65538, December 15, 1993). The 
interim final rule provided a 30-day comment period ending January 14, 
1994, and no comments were received.
    This final rule reflects the committee's and the Department's 
appraisal of the need to relax the exemption provisions for gift fruit 
shipments as specified. Such relaxation will enable handlers to ship 
more packages of gift fruit to meet consumer needs, exempt from grade 
and size requirements issued under the order. This action is in the 
interest of producers, handlers, distributors, and consumers, and is 
expected to increase returns to Florida citrus fruit growers. The 
Department's view is that this action will have a beneficial impact on 
Florida citrus fruit producers and handlers, since it will permit the 
industry to make additional gift fruit available to meet consumer 
needs.
    Based on the above, the Administrator of the AMS has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of all relevant matter presented, the 
information and recommendations submitted by the committee, and other 
information, it is found that the relaxation as set forth below will 
tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 905

    Grapefruit, Marketing agreements, Oranges, Reporting and 
recordkeeping requirements, Tangelos, Tangerines.

    For the reasons set forth in the preamble, 7 CFR part 905 is 
amended as follows:

PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN 
FLORIDA

    1. The authority citation for 7 CFR part 905 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Accordingly, the interim final rule amending 7 part 905, which 
was published in the Federal Register at 58 FR 65538, December 15, 
1993, is adopted as a final rule without change.

    Dated: February 24, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-4819 Filed 3-2-94; 8:45 am]
BILLING CODE 3410-02-P